The State Of Oklahoma v Jack Bradley Jones

S-2016-29

Filed: Apr. 21, 2016

Not for publication

Prevailing Party: Jack Bradley Jones

Summary

The State of Oklahoma appealed its conviction against Jack Bradley Jones, who was charged with Unlawful Possession of a Controlled Dangerous Substance (Methamphetamine) with Intent to Distribute and Unlawful Possession of Drug Paraphernalia. The Court dismissed the appeal because the State did not file a required petition on time, which is necessary for them to move forward with their case. The opinion was unanimous, with no judges dissenting.

Decision

IT IS THEREFORE THE ORDER OF THIS COURT that Appellant's Motion to Dismiss is GRANTED, and the unperfected appeal in Case No. CF-2015-33 is DISMISSED. Issuance of this order concludes these proceedings before this Court. The Clerk of this Court shall transmit a copy of this order to the Honorable Tracy Schumacher, District Judge; to the Honorable Michael Tupper, Special Judge; to the District Court Clerk; to Melia L. Melton, court reporter; to Nathaniel Hales, Assistant District Attorney; and to Ricki J. Walterscheid, counsel for Appellee. IT IS so ORDERED.

Issues

• Was there a timely filing of a Petition in Error by the State after the District Judge's final order?
• Did the failure to file a Petition in Error within the required ninety-day period result in a waiver of the right to appeal?
• Was the Appellee's Motion to Dismiss granted based on jurisdictional grounds?

Findings

• The court granted Appellee's Motion to Dismiss.
• The unperfected appeal in Case No. CF-2015-33 is dismissed.

S-2016-29

Apr. 21, 2016

The State Of Oklahoma

Appellant

v

Jack Bradley Jones

Appellee

SUMMARY OPINION

ORDER DISMISSING APPELLATE PROCEEDING

On January 19, 2016, the State of Oklahoma, through its counsel, Nathaniel Hales, Assistant District Attorney, initiated this appellate proceeding by filing with the Clerk of this Court a copy of that Notice of Intent to Appeal and Designation of Record that the State had filed in the District Court of Cleveland County, Case No. CF-2015-33.¹ Those documents were filed in the District Court on January 15, 2016. This Notice and Designation declared the State’s intent to appeal an order pronounced on January 11, 2016, by the Honorable Tracy Schumacher, District Judge. Judge Schumacher’s order upheld a demurrer sustained by the Honorable Michael Tupper, Special Judge, while he presided as Magistrate over Appellee’s preliminary hearing. Appeals from an adverse ruling of a magistrate must be brought before a district judge or an associate district who is assigned to review the magistrate’s ruling under 22 O.S.2011, § 1089.2(C). If the reviewing judge affirms the magistrate’s adverse ruling, and the State desires to further appeal, it must then file a petition in error with the Clerk of this Court within ninety (90) days from pronouncement of the reviewing judge’s final order. See Rules 1.2(A)(3)(a), I

According to Appellant’s Notice, Appellee was charged in CF-2015-33 with Unlawful Possession of a Controlled Dangerous Substance (Methamphetamine) with Intent to Distribute and Unlawful Possession of Drug Paraphernalia.² On January 20, 2016, Judge Schumacher field a formal Journal Entry of the handwritten Summary Order she pronounced on January 11, 2016. S-2016-29, State v. Jones 1.4(C)(1), & 6.1(D), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2016).

On April 14, 2016, Ricki J. Walterscheid of the Oklahoma Indigent Defense System on behalf of Appellee, filed a Motion to Dismiss this matter. Although acknowledging the State’s timely filing of its Application for Accelerated Docket (Fast Track), the Motion to Dismiss observes that since the reviewing judge’s pronouncement of her January 11, 2016, final order, a period of more than ninety (90) days has lapsed without the State having filed a Petition in Error. Appellee notes, The filing of the Petition in Error is jurisdictional and failure to timely file constitutes waiver of right to appeal. Rule 3.1(C). For these reasons, Appellee concludes that Appellant’s matter must be dismissed. The Court FINDS Appellee’s Motion should be granted.

IT IS THEREFORE THE ORDER OF THIS COURT that Appellant’s Motion to Dismiss is GRANTED, and the unperfected appeal in Case No. CF-2015-33 is DISMISSED. Issuance of this order concludes these proceedings before this Court. The Clerk of this Court shall transmit a copy of this order to the Honorable Tracy Schumacher, District Judge; to the Honorable Michael Tupper, Special Judge; to the District Court Clerk; to Melia L. Melton, court reporter; to Nathaniel Hales, Assistant District Attorney; and to Ricki J. Walterscheid, counsel for Appellee.

IT IS so ORDERED.

WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 21st day of April, 2016.

CLANCY SMITH, Presiding Judge

GARY L. LUMPKIN, Vice Presiding Judge

ARLENE JOHNSON, Judge

DAVID B. LEWIS, Judge

ROBERT L. HUDSON, Judge

ATTEST: Clerk

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Footnotes:

1. Okla. Stat. tit. 22 § 1089.2(C)
2. Rules 1.2(A)(3)(a), 1.4(C)(1), & 6.1(D), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2016)
3. Rule 3.1(C)

Oklahoma Statutes citations:

• Okla. Stat. tit. 22 § 1089.2(C) - Appeals from Magistrate Rulings
• Okla. Stat. tit. 22 § 1.2(A)(3)(a) - Rules of the Oklahoma Court of Criminal Appeals
• Okla. Stat. tit. 22 § 3.1(C) - Jurisdictional Filing Requirements

Oklahoma Administrative Rules citations:

No Oklahoma administrative rules found.

U.S. Code citations:

No US Code citations found.

Other citations:

No other rule citations found.

Case citations:

• No case citations found